If you’re looking for more information or clarification regarding the laws of guardianship for adults with mental illness in Pennsylvania, you’re in the right place. As an estate planning law firm, our team is familiar with the ins and outs regarding disability rights and guardianship in PA. We’ll explain why the loved one in your life might even need a guardian (sometimes it isn’t necessary). Additionally, we’ll answer some of the most common questions about PA guardianships for adults with mental illness.
Signs That a PA Adult with a Mental Illness Needs a Guardianship
As we mentioned earlier, just because a person has a mental illness doesn’t mean they need a guardian. Instead, many special needs adults successfully live their adult lives without a guardian. Typically, a person only needs a guardian if they are unable to care for themselves, make their own medical decisions, or manage their finances.
Here are some signs that a special needs adult does need guardianship in Pennsylvania.
- The person is unable to receive and evaluate information in their daily life
- The person is unable to communicate their decisions with others
- The person is unable to manage their finances for their daily living
- The person is unable to maintain their physical health and safety
If you believe your loved one needs a guardian, the Pennsylvania Orphans’ Court must legally determine that your loved one is an “incapacitated person.” During their review, they will address several questions regarding their ability to comprehend and communicate information. Learn more about Guardianship Law in Pennsylvania.
Questions on Guardianship for Adults with Mental Illness in Pennsylvania
There’s a significant amount of information available about guardianships for special needs adults. We’re here to help make the information a little easier to understand for you. After reviewing the below details, you can contact our office for a free 30-minute consultation to ask questions and hear advice on your specific situation.
Question #1: What is the Process of Receiving a Guardianship in PA?
As mentioned above, the Pennsylvania Orphans’ Court will need to evaluate the adult and legally label them as “incapacitated.” You’ll need to file a petition to have your loved one evaluated by the courts. Learn more about filing a petition and the court’s proceedings in this document from the Disability Rights of Pennsylvania.
Question #2: What are the Criteria Needed to Become a Guardian?
- Submit and pass a criminal background check
- Supply the courts with their qualifications and training to be a guardian
- Explain why they are the right person for the guardianship
If selected, you’ll need to file annual reports that include the following:
- Yearly financial updates
- Funds Usage
- Health status updates
- Living conditions
Question #3: Does a Guardianship Override Power of Attorney in PA?
If the Power of Attorney (POA) was created before the guardianship was in place, then yes, it can override the POA. The purpose of POA is for the chosen person to make financial and legal decisions for the adult with a mental illness. However, it still allows the special needs person to make decisions themselves. In contrast, the guardian is responsible for making most of the adult’s decisions since they cannot make those choices themselves.
Question #4: Are There Alternatives to Guardianships for Adults with Mental Illnesses?
Yes, there are several other options you can choose from, depending on your specific situation.
- Taking advantage of habilitation programs to help manage your loved one manage their finances
- Creating a Special Needs Trust
- Setting up a Health Care Advance Directive to help with medical decisions
- Developing a Living Will
- Choosing a Health Care Powers of Attorney
- Appointing a “Representative Payee” for their SSDI or SSI benefits
Question #5: Do I Need a Guardianship to Ensure My Loved One Maintains Their Government Assistance Eligibility?
No, you don’t need to appoint a guardian to ensure they maintain their eligibility. Instead, you can set up a Special Needs Trust that’ll ensure there are legal documents in place that your loved one maintains their eligibility even if they exceed the $2,000 asset limit. In a previous article, we discuss Special Needs Trust planning, drafting, and administration.
How an Estate Planning Attorney Can Help You
Making sure your loved one receives the best care is important, and the Auld Brothers Law Group team is here to help you. You can discuss your situation with us. We’ll listen and then provide clear, straightforward information to help you determine your best course of action.
Contact us today to start the conversation.